How to Document and Log Agent Interaction During ICE Visits

Raids by the United States Immigration and Customs Enforcement (ICE) are on the rise, with agents visiting workplaces and homes alike. In the past, ICE officials were prohibited from entering private work areas or home dwellings if they did not have a valid warrant. This reduced the number of forceful entries into people’s properties.

Notwithstanding, you need to know what to do if they ever come to your workplace or home. Here is what you need to know about how to document and log agent interaction during ICE visits and more. If you or a loved one needs help, our experienced immigration attorneys are just a phone call away. Call us now for your legal solutions.

What Are the Steps to Document ICE Agent Activities?

Although ICE visits are unnerving, the reality is that they have a federal mandate to raid places rumored to house or employ nonresidents and migrants. With the recent memo from the Department of Homeland Security now allowing them to use administrative ICE warrants, people are bound to have more interactions with ICE agents.

This means it is crucial to know how to document and log interactions with ICE agents. Certain guidelines could help ensure safe and lawful contact with them, which include:

• Recording as many of their activities as possible by using your phone
• Protecting all collected evidence and backing up the files to the cloud or physical devices
• Requesting the names and badge numbers for all agents, as they must legally provide this if you ask
• Collecting as much witness information and as many statements as possible, including recorded footage from other workers or bystanders
• Reviewing the warrant and take a picture or video recording of it, as judicial warrants allow access to private areas while administrative warrants do not
• Getting all vehicle information, such as the plate number, the car make and model, and possibly the vehicle identification number, although this may be difficult as some ICE squads now cover or remove their plate numbers during raids

Please avoid interfering in any actions, including arrests or physical challenges, as interference could be labeled as obstruction of justice. Anyone arrested for obstruction may face criminal charges, and even if the charges are spurious, the stress and hassle of court appearances and litigation are not worth it.

Administrative Warrants Versus Judicial Warrants

The basis of every search activity or ICE raid is the warrant. This document gives ICE officials either limited access in public areas or the power to enter properties. There are two types of warrants: an administrative warrant or a judicial warrant.

An administrative warrant is signed by supervising agents and is limited in its search or enforcement coverage. It does not give ICE officials the right to enter a private work area or home, which is contrary to the new memo. However, this does not prevent ICE agents from using people’s fears or lack of familiarity with the law and attempting to intimidate them into consenting to a private area search.

A judicial warrant is a court document duly signed and issued by a state or federal judge or magistrate. While this allows agents to search private areas, it is specific in its guidelines. If a judicial warrant is presented, ensure that the search is conducted within the confines of the limits stated in the document. For instance, if the warrant is for one person, and ICE agents arrest other people, they have exceeded the limits of the warrant and may be subject to a lawsuit, making documentation of the visit important for a case.

Contact Us for Legal Help With Documenting ICE Agent Visits and Interactions

Although ICE raids can be disconcerting, you have a right to document and log agent interactions while they are happening. If you need further help while agents are at the scene or afterward, seek legal counsel from the experienced immigration lawyers at Monty & Ramirez LLP. Call our firm today to talk to an immigration attorney.